Exposed (Rosato & DiNunzio #5)(33)

DUMBARTON ENTERPRISES


Dear Ms. DiNunzio:

It has come to my attention that you, a named partner in the law firm of Rosato & DiNunzio, seek to represent Simon Pensiera in a putative employment discrimination action against his former employer, OpenSpace. OpenSpace is a wholly owned subsidiary of Dumbarton Enterprises, and Dumbarton has been a long-standing client of your firm. Therefore, any such representation by you constitutes a conflict of interest in breach of Rule 1.7 of the Model Rules of Professional Conduct.

Please be advised that if you do not withdraw from the aforementioned representation forthwith, Dumbarton will file the attached Misconduct Complaint against you with the Disciplinary Board of the Bar Association of Pennsylvania and the American Bar Association Committee.

Best,

Nathaniel Lence, Esq.

cc: Bennie Rosato, Esq.

“Oh my God. Can he really do this?” Mary felt stricken. Seeing her name on a disciplinary action shook her to her very foundation. It was embarrassing, even shameful. She had never been before a disciplinary board. She’d been the quintessential Good Girl, until now.

“Yes,” Bennie answered, tense. “It’s hardball, but that’s Nate. He didn’t get to the top by playing nice. He’s an excellent litigator. He attacks on all fronts, evidently even the lawyers.”

Mary shuddered. “But this is out of bounds.”

“To most lawyers, yes. Even I would never do this. But he doesn’t think that way. He doesn’t have bounds. He makes his own rules. He feels personally attacked, so he’ll think this is self-defense. He signed it himself. He’s not even using his in-house guy, Jason.”

Judy practically growled. “I wanna kill him.”

Bennie shot her a look. “And that’s the test. If you consider homicide, he’s an excellent litigator.”

Mary flipped to the complaint, which was a single page long, offering no facts or argument. “Is this enough? It doesn’t even say anything.”

Judy frowned, reading over her shoulder. “Agree. Is this all it takes?”

“For starters.” Bennie put her copy back in the envelope. “He’s striking fast and furious. It’s the most he could do in short order. He can amend it later. It commences the proceedings and gets the job done.” Bennie eyed Mary hard. “Nate just upped the ante. Your ethical position is getting you called on the carpet. Granted, your position is a judgment call, but be aware that these bar association committees and disciplinary committees are old-school. If I were you, I would refer this case out.”

“Mare,” Judy said, urgently. “I know how you feel and that you want to help Simon, but I think you should refer it out, too. You’re not the only lawyer in the city. I swear, we can get him somebody terrific.”

“But I still don’t think I’m in breach.” Mary knew she was doing the right thing. The factors were in her favor. She flashed on those faces at the hospital this morning, turning to her. She couldn’t let them all down.

Judy touched Mary’s shoulder. “Think of it this way. It doesn’t help Simon’s case if there’s litigation over you. It might even prejudice the court against him.”

Bennie nodded. “Mary, she’s making a good point. Nate has put your credibility at issue, and this is a case where credibility is critical. You need a judge to credit Simon’s allegations and testimony. Can he do that if he thinks Simon’s lawyer has an ethical issue?”

Mary felt torn, her heart sinking. “But Simon wants me to represent him.”

Judy interjected, “Are you sure, after this? He’d feel terrible if he knew what just happened. You need to ask him.”

Bennie scoffed. “No, you don’t,” she snapped.

Mary looked over, surprised by Bennie’s demeanor. “What do you mean?”

“No client tells us what to do. Neither friend nor foe.” Bennie looked as if she were going to elaborate but stopped abruptly. “You’re the lawyer, Mary. You decide, not your client. Now I have to get to work. Good luck.”

Judy turned to Mary. “Honey, she’s really right. Let the case go. You don’t have any other option.”

“Not necessarily,” Mary blurted out. “There’s one other option we haven’t talked about, Bennie.”

Bennie turned to her in the hallway, expectantly. “What other option?”

Judy cocked her head. “Yes, what?”

“It’s a nuclear option.” Mary swallowed hard, wishing she hadn’t said anything, but needing to air it out. It had kept her up all last night. She’d known it was a possibility that Todd Eddington would deny everything, and there was only one way out that she could see, but she hated to pull the trigger.

Bennie fell silent, waiting.

Judy frowned, nervous. “Nuclear option? Mary, that sounds bad. What are you talking about?”

Mary heaved a sigh. “I’ll tell you, just to talk about it, but I don’t want everybody to get upset. I’m not wedded to it. It’s just an idea.”

“Now you’re scaring me.” Judy frowned more deeply. “What?”

“Well, the ethical problem is that the firm has represented Dumbarton.” Mary braced herself. “His complaint is that nobody from this firm can represent OpenSpace against Dumbarton.”